Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 38233 

SUPPLEMENTARY INFORMATION: On June 

21, 2021, OSHA issued an ETS to 

protect healthcare and healthcare 

support service workers from 

occupational exposure to COVID–19 in 

settings where people with COVID–19 

are reasonably expected to be present. 

The public comment period for the 

ETS was to close on July 21, 2021, 30 

days after publication of the ETS. 

However, OSHA received requests from 

several stakeholders to extend the 

comment period by an additional 30 

days, through August 20, 2021 

(Document ID 1078; 1079; 1080; 1082; 

1083; 1086; 1088; 1089). These 

stakeholders explained that they need 

additional time to thoroughly review the 

ETS, gather input from members, and 

prepare informed comments (see, e.g., 

Document ID 1078; 1079; 1080; 1082; 

1083; 1086; 1087; 1088; 1089). 

OSHA agrees to an extension and 

believes a 30-day extension of the 

public comment period is sufficient and 

appropriate in order to address these 

stakeholder requests. Therefore, the 

public comment period will be 

extended until August 20, 2021. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, authorized the 

preparation of this document pursuant 

to the following authorities: Sections 4, 

6, and 8 of the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 653, 655, 

657); Secretary of Labor’s Order 8–2020 

(85 FR 58393 (Sept. 18, 2020)); 29 CFR 

part 1911; and 5 U.S.C. 553. 

Signed at Washington, DC, on July 12, 

2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–15326 Filed 7–19–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0211] 

RIN 1625–AA08 

Special Local Regulations, Choptank 

River, Cambridge, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

certain waters of the Choptank River. 

This action is necessary to provide for 

the safety of life on navigable waters 

located at Cambridge, MD, during a 

high-speed power boat racing event on 

July 24, 2021 and July 25, 2021. This 

regulation prohibits persons and vessels 

from being in the regulated area unless 

authorized by the Captain of the Port 

Maryland-National Capital Region or 

Coast Guard Event Patrol Commander. 

DATES: This rule is effective from 9 a.m. 

July 24, 2021, through 6 p.m. on July 25, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0211 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Samuel M. Danus, 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2519, 

email Samuel.M.Danus@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

Event PATCOM Event Patrol Commander 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On February 22, 2021, the Kent 

Narrows Racing Association of Chester, 

MD, notified the Coast Guard that it will 

be conducting the Thunder on the 

Choptank from 9:30 a.m. to 5:30 p.m. on 

July 24, 2021, and those same hours on 

July 25, 2021. The high-speed power 

boat racing event consists of 

approximately 50 participating inboard 

and outboard hydroplane and runabout 

race boats of various classes, 16 to 21 

feet in length. The vessels will be 

competing on a designated, marked 1- 

mile oval course located in the 

Choptank River in a cove located 

between Hambrooks Bar and the 

shoreline at Cambridge, MD. Details of 

the event were provided to the Coast 

Guard on April 19, 2021. In response, 

on June 7, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Special Local 

Regulations; Choptank River, 

Cambridge, MD (86 FR 30221). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this 

fireworks display. During the comment 

period that ended June 22, 2021, we 

received no comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because the regulated area is needed 

prior to the start of the event on July 24, 

2021, in order to safeguard the public 

from hazards from power boat racing, 

including risks of injury or death 

resulting from near or actual contact 

among participant vessels, spectator 

vessels or waterways users if normal 

traffic were to interfere with the event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70041. 

The Captain of the Port MarylandNational Capital Region (COTP) has 

determined that potential hazards 

associated with the power boat races 

would be a safety concern for anyone 

intending to operate within certain 

waters of the Choptank River at 

Cambridge, MD. The purpose of this 

rulemaking is to protect event 

participants, spectators, and transiting 

vessels on certain waters of Choptank 

River before, during, and after the 

scheduled event 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published June 

7, 2021. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

The COTP Maryland-National Capital 

Region is establishing special local 

regulations from 9 a.m. on July 24, 2021 

until 6 p.m. on July 25, 2021. The 

special local regulations will be 

enforced from 9 a.m. to 6 p.m. on July 

24th and those same hours on July 25th. 

The regulated area will cover all 

navigable waters within Choptank River 

and Hambrooks Bay bounded by a line 

connecting the following coordinates: 

Commencing at the shoreline at Long 

Wharf Park, Cambridge, MD, at position 

latitude 38°34′30′′ N, longitude 

076°04′16′′ W; thence east to latitude 

38°34′20′′ N, longitude 076°03′46′′ W; 

thence northeast across the Choptank 

River along the Senator Frederick C. 

Malkus, Jr. (US–50) Memorial Bridge, at 

mile 15.5, to latitude 38°35′30′′ N, 

longitude 076°02′52′′ W; thence west 

along the shoreline to latitude 38°35′38′′ 

N, longitude 076°03′09′′ W; thence north 

and west along the shoreline to latitude 


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38234 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 

38°36′42′′ N, longitude 076°04′15′′ W; 

thence southwest across the Choptank 

River to latitude 38°35′31′′ N, longitude 

076°04′57′′ W; thence west along the 

Hambrooks Bay breakwall to latitude 

38°35′33′′ N, longitude 076°05′17′′ W; 

thence south and east along the 

shoreline to and terminating at the point 

of origin in Dorchester County, MD. 

This regulation provides additional 

information about areas within the 

regulated area, and the restrictions that 

apply to mariners. These areas include 

a ‘‘Race Area,’’ ‘‘Buffer Area’’ and 

‘‘Spectator Area’’. 

The duration of the rule and size of 

the regulated area are intended to 

ensure the safety of life on these 

navigable waters before, during, and 

after the high-speed power boat races, 

scheduled from 9:30 a.m. until 5:30 p.m. 

on July 24, 2021, and July 25, 2021. The 

COTP and Coast Guard Event Patrol 

Commander (PATCOM) will have the 

authority to forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area will be required to 

immediately comply with the directions 

given by the COTP or Event PATCOM. 

If a person or vessel fails to follow such 

directions, the Coast Guard may expel 

them from the area, issue them a 

citation for failure to comply, or both. 

Except for Thunder on the Choptank 

participants and vessels already at 

berth, a vessel or person will be 

required to get permission from the 

COTP or Event PATCOM before 

entering the regulated area while the 

rule is being enforced. Vessel operators 

could request permission to enter and 

transit through the regulated area by 

contacting the Event PATCOM on VHF– 

FM channel 16. Vessel traffic will be 

able to safely transit the regulated area 

once the Event PATCOM deems it safe 

to do so. A person or vessel not 

registered with the event sponsor as a 

participant or assigned as official patrols 

will be considered a spectator. Official 

Patrols are any vessel assigned or 

approved by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

will be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. Vessels will 

be required to operate at a safe speed 

that minimizes wake while within the 

regulated area. Official patrol vessels 

will direct spectator vessels while 

within the regulated area. Vessels will 

be prohibited from loitering within the 

navigable channel. Only participant 

vessels and official patrol vessels will be 

allowed to enter the race area. The 

regulatory text appears at the end of this 

document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the location, size and 

duration of the regulated area, which 

impacts a portion of the Choptank River 

for a total of 18 hours. The regulated 

area extends across the entire width of 

the Choptank River between Cambridge, 

MD and Trappe, MD. The majority of 

the vessel traffic through this area 

consists of passenger, recreational and 

fishing vessels transiting along the 

Choptank River or into Cambridge 

Creek. The Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the status 

of the regulated area. Moreover, the rule 

allows vessels to seek permission to 

enter the regulated area. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 38235 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

implementation of regulations within 33 

CFR part 100 for 18 hours. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for Record supporting 

this determination is available in the 

docket. For instructions on locating the 

docket, see the ADDRESSES section of 

this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.501T05–0211 to read as 

follows: 

§ 100.501T05–0211 Special Local 

Regulations, Choptank River, Cambridge, 

MD. 

(a) Locations. All coordinates 

reference Datum NAD 1983. (1) 

Regulated area. All navigable waters 

within Choptank River and Hambrooks 

Bay bounded by a line connecting the 

following coordinates: Commencing at 

the shoreline at Long Wharf Park, 

Cambridge, MD, at position latitude 

38°34′30′′ N, longitude 076°04′16′′ W; 

thence east to latitude 38°34′20′′ N, 

longitude 076°03′46′′ W; thence 

northeast across the Choptank River 

along the Senator Frederick C. Malkus, 

Jr. (US–50) Memorial Bridge, at mile 

15.5, to latitude 38°35′30′′ N, longitude 

076°02′52′′ W; thence west along the 

shoreline to latitude 38°35′38′′ N, 

longitude 076°03′09′′ W; thence north 

and west along the shoreline to latitude 

38°36′42′′ N, longitude 076°04′15′′ W; 

thence southwest across the Choptank 

River to latitude 38°35′31′′ N, longitude 

076°04′57′′ W; thence west along the 

Hambrooks Bay breakwall to latitude 

38°35′33′′ N, longitude 076°05′17′′ W; 

thence south and east along the 

shoreline to and terminating at the point 

of origin. The following locations are 

within the regulated area: 

(2) Race Area. Located within the 

waters of Hambrooks Bay and Choptank 

River, between Hambrooks Bar and 

Great Marsh Point, MD. The Race Area 

is within the Buffer Area. 

(3) Buffer Area. All navigable waters 

within Hambrooks Bay and Choptank 

River (with the exception of the Race 

Area designated by the marine event 

sponsor) bound to the north by the 

breakwall and continuing along a line 

drawn from the east end of breakwall 

located at latitude 38°35′27.6′′ N, 

longitude 076°04′50.1′′ W; thence 

southeast to latitude 38°35′17.7′′ N, 

longitude 076°04′29′′ W; thence south to 

latitude 38°35′01′′ N, longitude 

076°04′29′′ W; thence west to the 

shoreline at latitude 38°35′01′′ N, 

longitude 076°04′41.3′′ W. 

(4) Spectator Area. All navigable 

waters of the Choptank River, eastward 

and outside of Hambrooks Bay 

breakwall, thence bound by line that 

commences at latitude 38°35′28′′ N, 

longitude 076°04′50′′ W; thence 

northeast to latitude 38°35′30′′ N, 

longitude 076°04′47′′ W; thence 

southeast to latitude 38°35′23′′ N, 

longitude 076°04′29′′ W; thence 

southwest to latitude 38°35′19′′ N, 

longitude 076°04′31′′ W; thence 

northwest to and terminating at the 

point of origin. 

(b) Definitions. As used in this 

section— 

Buffer Area is a neutral area that 

surrounds the perimeter of the Course 

Area within the regulated area described 

by this section. The purpose of a buffer 

area is to minimize potential collision 

conflicts with marine event participants 

or high-speed power boats and spectator 

vessels or nearby transiting vessels. This 

area provides separation between a 

Course Area and a specified Spectator 

Area or other vessels that are operating 

in the vicinity of the regulated area 

established by the special local 

regulations. 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Course Area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a course area within the 

regulated area defined by this section. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the 

‘‘Thunder on the Choptank’’ powerboat 

races, or otherwise designated by the 

event sponsor as having a function tied 

to the event. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator Area is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a spectator area within the 

regulated area defined by this part. 

(c) Special Local Regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area. 

When hailed or signaled by an official 

patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 


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38236 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter the buffer area or race area. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 9 a.m. to 6 p.m. 

on July 24, 2021 and from 9 a.m. to 6 

p.m. on July 25, 2021. 

Dated: July 12, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–15124 Filed 7–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0511] 

RIN 1625–AA00 

Safety Zone; Waterview Loft Fireworks, 

Detroit River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters near Waterview Lofts 

in the Detroit River. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards during a firewroks 

event. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Detroit. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on August 14, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0511 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Tracy Girard, U.S. Coast 

Guard Sector Detroit; (313) 568–9564, 

Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so is impracticable. The Coast Guard did 

not receive notice of the fireworks with 

sufficient time to provide notice and 

opportunity for public comment. We 

must establish this safety zone by 

August 14, 2021 in order to protect the 

public form the hazards associated with 

a fireworks event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because action is needed to protect from 

potential safety hazards associated with 

the fireworks display are effectively 

mitigated. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Detroit (COTP) has 

determined that potential hazards 

associated with fireworks starting 

August 14, 2021, will be a safety 

concern for anyone within a 150-yard 

radius of the fireworks location. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while fireworks show is being 

displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 9 p.m. through 10 

p.m. on August 14, 2021. The safety 

zone will cover all navigable waters 

within a 150 yards radius of location 

42°19.547′ N 083°02.42′ W (WGS 84) 

which the expected location of the 

fireworks barge in the vicinity of the 

Waterview Lofts in the Detroit River. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the fireworks show is 

being displayed. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 


khammond on DSKJM1Z7X2PROD with RULES